RAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in SC No. 1 of 2019 on the file of the learned II Additional District and Sessions Judge at Kolar, is impugning the judgment of conviction and order of sentence dtd. 27/1/2020, convicting him for the offence punishable under Sec. 376 of Indian Penal Code (for short, ' IPC '), and under Sec. 6 of the Protection of Children from Sexual Offences Act (for short, the ' POCSO Act '), sentencing him to undergo simple imprisonment for a period of 7 years with fine of Rs.5,000.00 for the offence punishable under Sec. 376 of IPC and sentenced him to undergo simple imprisonment for a period of 20 years with fine of Rs.10,000.00 for the offence punishable under Sec. 6 of POCSO Act, with default sentences.

(2.) Brief facts of the case are that, PW1, the mother of the victim girl has filed first information as per Ex.P1 against the accused, contending that on 2/11/2018 at 04.00 p.m., when PW.2-victim girl aged 12 years, had gone to his lands, accused No. 1 came and removed her clothes, tried to commit rape. Further two months earlier to the said incident when the victim girl had gone to bring haystack, the accused had pushed her to the ground and committed rape, punishable under Sec. 376 of IPC, and that by having sexual intercourse with the minor girl, the accused has committed the offence of aggravated penetrative sexual assault punishable under Sec. 6 of POCSO Act. The police, after registering the FIR against the accused, conducted investigation, and subjected the victim and the accused for medical examination. Statement of the victim girl was recorded under Sec. 164 of Cr.PC as per Exhibit P10 and after completing the investigation, the charge sheet came to be filed.

(3.) The Trial Court took cognizance of the offence and summoned the accused. The accused appeared before the Trial Court and pleaded not guilty. The prosecution examined PWs.1 to 10, got marked Exhibits P1 to 20 and identified material objects as MOs.1 to 9 in support of its contention. The accused has denied all the incriminating materials available on record, but has not chosen to lead any evidence in support of his defence. The Trial Court, after taking into consideration all these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of the accused beyond reasonable doubt and convicted and sentenced the accused as stated above. Being aggrieved by the same, the accused is before this court.